Item Coversheet

City of Marquette, MI
300 West Baraga Avenue
Marquette, MI 49855


Agenda Date: 10/15/2019

Public Hearing(s)
Public Hearing-Ordinance #682-Adult Use (Recreational) Marihuana Establishments

BACKGROUND: 

On February 25, 2019, the City Commission adopted Ordinance #675 which prohibited all adult-use marihuana establishments in the City of Marquette. The ordinance provided that the City Commission must begin a review of the ordinance within 60 days of the promulgation of final rules by the Michigan Department of Licensing and Regulatory Affairs.

 

Legal and regulatory issues regarding the Michigan Regulation and Taxation of Marihuana Act (MRTMA) remain unsettled, making it difficult for municipalities and prospective operators of adult-use marihuana establishments to determine with certainty the current and future state of the law.  Specifically, Attorney General Dana Nessel has created a work group to suggest possible changes to the MRTMA, and the Marijuana Regulatory Agency -- part of the Michigan Department of Licensing and Regulatory Affairs -- has issued emergency rules that expire in February 2020 and which create four additional license classifications.

 

Given the challenges mentioned above, along with the need to have local zoning regulations and a licensing program in place, the City will not be prepared to allow operation of adult-use marihuana establishments at the time the State starts to accept licensing applications on November 1, 2019.

 

At the direction of the City Commission, the City Attorney and relevant staff have prepared the attached ordinance to allow adult use marihuana establishments in the City of Marquette. The ordinance will become effective June 1, 2020, which will allow adequate time for City staff to draft license applications, assess the application and review process, establish license fees, review enforcement policies and amend the Land Development Code in order to provide a regulatory structure for adult-use marihuana facilities licensed under the MRTMA.

 

Tonight's Public Hearing was scheduled during the Commission's regular meeting of September 30.


FISCAL EFFECT: 
Uncertain.

RECOMMENDATION: 

Following the Public Hearing, adopt Ordinance #682 - Adult-Use Marihuana Establishments.


ALTERNATIVES: 
As determined by the Commission.

ATTACHMENTS:
Description
Ord. #682 w/ highlights
Only Schools Buffer Map
Buffers with all Park Facilities Map
Buffers with only Designated Parks Map